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SOCIAL SERVICES LEGISLATION AMENDMENT (WELFARE REFORM) ACT 2018 (NO. 26, 2018) - SCHEDULE 3

Cessation of wife pension

   

A New Tax System (Family Assistance) Act 1999

1  Paragraph 7(b) of Schedule 3

Repeal the paragraph.

Child Support (Assessment) Act 1989

Subsection 5(1) (paragraph (b) of the definition of tax free pension or benefit )

Repeal the paragraph.

Income Tax Assessment Act 1936

3  Paragraph 202EA(5)(c)

Repeal the paragraph.

4  Subparagraph 202EB(5)(a)(iii)

Repeal the subparagraph.

Income Tax Assessment Act 1997

5  Section 52-10 (table items 34.1 to 34.4)

Repeal the items.

6  Section 52-15 (table item 1)

Omit:

Wife pension

Subsection 52-25(1) (table)

Omit:

Wife pension

8  Section 52-40 (table item 34)

Repeal the item.

Social Security Act 1991

Subsection 17(1) (paragraph (e) of the definition of compensation affected payment )

Repeal the paragraph.

10  Subsection 17(1) (definition of disability support wife pension )

Repeal the definition.

11  Subsection 19D(5) (subparagraph (a)(iv) of the definition of maximum payment rate )

Repeal the subparagraph.

12  Subsection 21(1) (definition of partner bereavement payment )

Omit "189,".

13  Subsection 23(1) (definition of disability support wife pension )

Repeal the definition.

14  Subsection 23(1) (paragraph (c) of the definition of social security entitlement )

Repeal the paragraph.

15  Subsection 23(1) (paragraph (c) of the definition of social security pension )

Repeal the paragraph.

16  Subsection 23(1) (paragraph (j) of the definition of special employment advance qualifying entitlement )

Repeal the paragraph.

17  Paragraph 23(4A)(g)

Repeal the paragraph, substitute:

                     (g)  the person continues to be qualified for the pension or benefit on and from the cessation day;

18  After subsection 43(1A)

Insert:

          (1B)  A woman is qualified for an age pension if:

                     (a)  immediately before 20 March 2020:

                              (i)  the woman was receiving a wife pension under Part 2.4; or

                             (ii)  the woman was receiving a wife pension under a scheduled international social security agreement; and

                     (b)  immediately before 20 March 2020, the woman was not receiving carer allowance under Part 2.19; and

                     (c)  the woman has reached pension age; and

                     (d)  the woman is not otherwise qualified for an age pension.

Note:          For pension age see subsections 23(5A), (5B) (5C) and (5D).

19  Part 2.4

Repeal the Part.

20  At the end of subsection 197A(1)

Add:

                    ; (j)  section 198AD (wife pension and carer allowance recipient).

21  After section 198AC

Insert:

198AD   Qualification--wife pension and carer allowance recipient

                   A woman is qualified for a carer payment if:

                     (a)  immediately before 20 March 2020, the woman was receiving a wife pension under Part 2.4; and

                     (b)  immediately before 20 March 2020, the woman was receiving carer allowance under Part 2.19; and

                     (c)  on and after 20 March 2020, the woman continuously receives carer allowance under Part 2.19; and

                     (d)  the woman is not otherwise qualified for a carer payment.

Note:          The effect of paragraph (c) is that once the woman stops receiving carer allowance, the woman will not be able to again qualify for a carer payment under this section.

22  Subsection 202(6)

Repeal the subsection.

23  Subsection 611(1)

Omit "A", substitute "Subject to section 654, a".

24  Section 643

Omit "A", substitute "Subject to this Division, a".

25  At the end of Division 4 of Part 2.12

Add:

654   Rate of jobseeker payment for former recipients of wife pension

             (1)  This section applies if:

                     (a)  a woman was receiving wife pension under Part 2.4 immediately before 20 March 2020; and

                     (b)  the Secretary makes a determination under section 12 of the Administration Act that the woman is taken to have made a claim for jobseeker payment because the woman became qualified for that payment immediately after ceasing to receive wife pension.

             (2)  The Secretary must, in determining the claim, disregard section 611.

             (3)  Subject to this section, if:

                     (a)  the Secretary determines that the claim is to be granted; and

                     (b)  as a result of that determination and disregarding section 611, jobseeker payment is payable to the woman on a day (a transition day ) on or after 20 March 2020;

the woman's jobseeker payment rate on the transition day is worked out in accordance with the following method statement:

Method statement

Step 1.   Work out the woman's jobseeker payment rate on the transition day in accordance with sections 643 and 644AAA.

Step 2.   Work out the woman's wife pension transition rate on the transition day.

Note:          See subsection (4) for the wife pension transition rate.

Step 3.   If the rate at step 2 exceeds the rate at step 1, the woman's jobseeker payment rate on the transition day is the rate at step 2.

Step 4.   If the rate at step 2 does not exceed the rate at step 1, the woman's jobseeker payment rate on the transition day is the rate at step 1.

             (4)  The woman's wife pension transition rate on a transition day is the rate worked out in accordance with section 655 or 656.

             (5)  If, for a period of 42 consecutive days, the following apply:

                     (a)  the woman's jobseeker payment rate is the rate at step 1 of the method statement in subsection (3);

                     (b)  if section 611 had applied in relation to the woman throughout that period, the value of the woman's assets throughout that period is less than or equal to the woman's asset value limit under that section;

then for any day after the end of that period:

                     (c)  section 611 applies in relation to the woman; and

                     (d)  the woman's jobseeker payment rate is to be worked out in accordance with sections 643 and 644AAA (and not under this section).

             (6)  If, on a day (the cessation day ) on or after 20 March 2020, the woman would not have qualified for a wife pension if Part 2.4 (as in force immediately before 20 March 2020) were still in force on the cessation day, then on and after the cessation day:

                     (a)  section 611 applies in relation to the woman; and

                     (b)  the woman's jobseeker payment rate is to be worked out in accordance with sections 643 and 644AAA (and not under this section).

655   Wife pension transition rate--method 1

             (1) A woman's wife pension transition rate on a day is worked out in accordance with this section if:

                     (a)  on 19 March 2020, there was no reduction under step 5 of the method statement in point 1064-A1, and there was no reduction under step 9 of that method statement, in relation to the woman's rate of wife pension on that day; and

                     (b)  assuming the woman were receiving newstart allowance on each day in the period starting on 6 February 2020 and ending at the end of 19 March 2020, there would have been no reduction under step 5 of the method statement in point 1068-A1 on any day in that period.

             (2)  The woman's wife pension transition rate on a day is the rate that would have been the woman's rate of wife pension on that day under Module A of the Pension Rate Calculator A in section 1064 if the woman had been receiving wife pension on that day.

             (3)  However, subsection (2) applies with the following modifications:

                     (a)  in working out the amount at step 1 of the method statement in point 1064-A1, assume each amount in the table in point 1064-B1 were that amount as at 19 March 2020;

                     (b)  in working out the amount at step 1A of the method statement in point 1064-A1:

                              (i)  assume the combined couple rate of pension supplement were that amount as at 19 March 2020; and

                             (ii)  assume the combined couple rate of minimum pension supplement were that amount as at 19 March 2020;

                     (c)  assume the amount at step 5 of the method statement in point 1064-A1 were the amount worked out at step 5 of the method statement in point 1068-A1, multiplied by 26;

                     (d)  in working out the amount at step 9 of the method statement in point 1064-A1, assume each amount in the table in point 1064-G3 were that amount as at 19 March 2020.

656   Wife pension transition rate--method 2

             (1) A woman's wife pension transition rate on a day is worked out in accordance with this section if:

                     (a)  on 19 March 2020, there was a reduction under either or both of steps 5 and 9 of the method statement in point 1064-A1 in relation to the woman's rate of wife pension on that day; or

                     (b)  assuming the woman were receiving newstart allowance on each day in the period starting on 6 February 2020 and ending at the end of 19 March 2020, there would have been a reduction under step 5 of the method statement in point 1068-A1 on at least one day in that period.

             (2)  The woman's wife pension transition rate on a day is the rate that would have been the woman's rate of wife pension on that day under Module A of the Pension Rate Calculator A in section 1064 if the woman had been receiving wife pension on that day.

             (3)  However, subsection (2) applies with the following modifications:

                     (a)  in working out the amount at step 1 of the method statement in point 1064-A1, assume each amount in the table in point 1064-B1 were that amount as at 19 March 2020;

                     (b)  in working out the amount at step 1A of the method statement in point 1064-A1:

                              (i)  assume the combined couple rate of pension supplement were that amount as at 19 March 2020; and

                             (ii)  assume the combined couple rate of minimum pension supplement were that amount as at 19 March 2020;

                     (c)  in working out the amount at step 5 of the method statement in point 1064-A1, assume each amount in the table in point 1064-E4 were that amount as at 19 March 2020;

                     (d)  in working out the amount at step 9 of the method statement in point 1064-A1, assume each amount in the table in point 1064-G3 were that amount as at 19 March 2020.

             (4)  For the purposes of this section, take into account clause 146 of Schedule 1A as in force immediately before 20 March 2020. However, in taking that clause into account, assume each amount referred to in subparagraph 146(4)(a)(i) of Schedule 1A were that amount as at 19 March 2020.

26  Division 10 of Part 2.13A

Repeal the Division.

27  Subsection 992X(2) (table item 4)

Repeal the item.

28  Subsection 992X(3A) (heading)

Repeal the heading, substitute:

Effect of nil rates of carer payment, partner service pension and carer service pension

29  Subparagraph 992X(3A)(a)(i)

Omit "or wife pension".

30  Subparagraph 992X(3A)(a)(i)

Omit "or pension".

31  Subsection 1061A(3) (heading)

Omit " , disability support, wife ", substitute " and disability support ".

32  Subsection 1061A(3)

Omit ", wife pension".

33  Section 1061ECA (heading)

Omit " , disability support, wife ", substitute " and disability support ".

34  Paragraph 1061ECA(1)(c)

Repeal the paragraph.

35  Subsection 1061JU(4) (subparagraph (a)(iv) of the definition of maximum basic rate )

Repeal the subparagraph.

36  Paragraph 1061PJ(2)(b)

Repeal the paragraph.

37  Subparagraph 1061T(1)(a)(ii)

Omit ", a carer payment, a wife pension", substitute "or a carer payment".

38  After subsection 1061ZA(2D)

Insert:

          (2E)  Subject to subsection (3), a woman is qualified for a pensioner concession card on a day if, on that day:

                     (a)  the woman is receiving a jobseeker payment; and

                     (b)  the woman's jobseeker payment rate is worked out under section 654.

39  Subsection 1061ZA(3)

Omit "and (2D)", substitute ", (2D) and (2E)".

40  Section 1061ZE

Repeal the section.

41  Subsection 1061ZEA(1)

Omit ", 1061ZE".

42  Subparagraph 1061ZEA(2)(ga)(i)

Repeal the subparagraph.

43  Subsection 1061ZK(5)

Omit "or (2D)", substitute ", (2D) or (2E)".

44  Subparagraph 1061ZUC(1)(a)(i)

Omit "1061ZE,".

45  Section 1064 (heading)

Repeal the heading, substitute:

1064   Rate of age and disability support pensions and carer payment (people who are not blind)

46  Paragraph 1064(1)(c)

Repeal the paragraph.

47  Subparagraph 1064(5)(b)(iii)

Repeal the subparagraph.

48  Subparagraph 1064(7)(b)(iii)

Repeal the subparagraph.

49  Paragraph 1064-E3(a)

Omit "wife pension,".

50  Subparagraph 1067F(1)(d)(vi)

Repeal the subparagraph.

51  Section 1067G (table items 6 and 21 in Module L of the Youth Allowance Rate Calculator)

Repeal the items.

52  Subparagraph 1067K(1)(d)(v)

Repeal the subparagraph.

53  Paragraph 1070(a)

Omit ", disability support and wife pensions", substitute "and disability support pensions".

54  Section 1070D (heading)

Repeal the heading, substitute:

1070D   Specific requirement (carer payments and certain age and disability support pensions)

55  Section 1070L (heading)

Repeal the heading, substitute:

1070L   Rate for carer payments and certain age and disability support pensions

56  Subsection 1073J(1)

Omit "(1)".

57  Subsection 1073J(2)

Repeal the subsection.

58  Subparagraph 1133(2)(a)(iii)

Repeal the subparagraph.

59  Subsection 1161(1)

Omit "to (7)", substitute "to (6A)".

60  Subsection 1161(7)

Repeal the subsection.

61  Subsection 1185(5) (paragraph (a) of the definition of dependency-based payment )

Repeal the paragraph.

62  Subparagraph 1187(1)(a)(ii)

Repeal the subparagraph.

63  Subparagraph 1187(2)(c)(i)

Repeal the subparagraph.

64  Subparagraph 1188C(1)(a)(iii)

Repeal the subparagraph.

65  Subsection 1188C(5) (table item 5)

Repeal the item.

66  Subparagraph 1188D(2)(a)(iii)

Repeal the subparagraph.

67  Subparagraph 1188F(2)(b)(iii)

Repeal the subparagraph.

68  Section 1217 (table items 4 and 5)

Repeal the items.

69  Paragraph 1218(1)(b)

Omit "wife pension,".

70  Subsection 1218(2)

Omit "wife pension,".

71  At the end of section 1220A

Add:

             (5)  Subsection (1) does not apply to a woman if:

                     (a)  immediately before 20 March 2020, the woman was receiving a wife pension under Part 2.4; and

                     (b)  immediately before 20 March 2020, clause 128 of Schedule 1A applied to the woman in relation to that pension.

72  Section 1221 (at the end of Module A of the Pension Portability Rate Calculator)

Add:

Former recipients of wife pension

   1221-A4  If immediately before 20 March 2020:

                     (a)  either:

                              (i)  a woman was receiving a wife pension under Part 2.4; or

                             (ii)  a woman was receiving a wife pension under a scheduled international social security agreement; and

                     (b)  the woman was a member of a couple; and

                     (c)  the rate of the woman's wife pension was required to be worked out having regard to the woman's period of Australian working life residence; and

                     (d)  the woman's period of Australian working life residence was taken to be equal to the period of Australian working life residence of the woman's partner;

then, for a day on or after 20 March 2020, the woman's period of Australian working life residence is taken to be equal to the period of Australian working life residence of the woman's partner if the following apply on that day:

                     (e)  the woman is a member of that same couple;

                      (f)  the woman's rate of age pension is worked out as mentioned in section 1220A.

73  Subparagraph 1223ABC(1)(b)(ii)

Repeal the subparagraph.

74  Subparagraph 1223ABD(1)(b)(ii)

Repeal the subparagraph.

75  Subparagraph 1228B(1)(b)(iii)

Repeal the subparagraph.

76  Subparagraph 146(1)(a)(iii) of Schedule 1A

Repeal the subparagraph.

Social Security (Administration) Act 1999

77  Paragraph 52(1)(j)

Repeal the paragraph.

78  Subsection 53(3)

Repeal the subsection.

79  Paragraph 66(1)(l)

Repeal the paragraph.

80  Paragraph 96(6)(b)

Omit "wife pension or".

81  Subsection 96(6)

Omit "wife pension or carer payment, as the case may be,", substitute "carer payment".

82  Paragraph 97(2)(b)

Omit "wife pension or".

83  Subsection 97(2)

Omit "wife pension or carer payment, as the case may be,", substitute "carer payment".

84  Paragraph 97(4)(b)

Omit "wife pension or".

85  Subsection 97(4)

Omit "wife pension or carer payment, as the case may be,", substitute "carer payment".

86  Paragraph 97A(5)(b)

Omit "wife pension or".

87  Subsection 97A(5)

Omit "wife pension or carer payment, as the case may be,", substitute "carer payment".

88  Paragraph 97B(4)(b)

Omit "wife pension or".

89  Subsection 97B(4)

Omit "wife pension or carer payment, as the case may be,", substitute "carer payment".

90  Subsection 124PD(1) (at the end of subparagraph (b)(iv) of the definition of trigger payment )

Add "or".

91  Subsection 124PD(1) (subparagraph (b)(vi) of the definition of trigger payment )

Repeal the subparagraph.

92  Subclause 1(1) of Schedule 1 (paragraph (c) of the definition of social security bereavement payment )

Repeal the paragraph.

Veterans' Entitlements Act 1986

93  Subsection 5F(1) (paragraph (d) of the definition of child )

Repeal the paragraph.

94  Paragraph 45N(1)(bb)

Repeal the paragraph.

95  Subsections 45N(3) and (4)

Omit "or (bb)".

96  Subsection 118ND(4) (paragraph (c) of the definition of bereavement payment provisions )

Repeal the paragraph.

97  Subparagraph 30(1)(a)(ii) of Schedule 5

Omit "wife pension,".

98  Saving and transitional provisions--wife pension

(1)       Despite the amendments made by this Schedule, Parts 2.4 and 3.2 of, and clause 146 of Schedule 1A to, the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out qualification for, or the rate of, wife pension in respect of days occurring before that commencement.

(2)       If before the commencement of this item:

                     (a)  a woman was receiving wife pension; and

                     (b)  the woman's partner died;

then Division 9 of Part 2.4 of the Social Security Act 1991 , as in force immediately before that commencement, continues to apply on and after that commencement in relation to the woman as if the amendments made by this Schedule had not been made.

(3)       No payment of wife pension is to be made in accordance with Part 4.2 of the Social Security Act 1991 on or after the commencement of this item in relation to a day on or after that commencement.

(4)       A person is not qualified for an age pension under Part 2.2 of the Social Security Act 1991 in respect of a day on or after the commencement of this item if the person receives wife pension in respect of that day.

(5)       If:

                     (a)  on or after the commencement of this item, the Secretary makes a determination under section 12 of the Social Security (Administration) Act 1999 that a woman is taken to have made a claim for carer payment; and

                     (b)  the Secretary makes the determination on the basis that the woman is qualified for the payment under section 198AD of the Social Security Act 1991 ;

then section 203 of the Social Security Act 1991 does not apply in relation to that claim.

99  Saving provision-- A New Tax System (Family Assistance) Act 1999

Despite the amendments made by this Schedule, paragraph 7(b) of Schedule 3 to the A New Tax System (Family Assistance) Act 1999 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of wife pension under Part 2.4 of the Social Security Act 1991 before, on or after that commencement.

100  Saving provision-- Child Support (Assessment) Act 1989

Despite the amendments made by this Schedule, a payment of wife pension under Part 2.4 of the Social Security Act 1991 before, on or after the commencement of this item is a tax free pension or benefit for the purposes of the Child Support (Assessment) Act 1989 .

101  Saving provision-- Income Tax Assessment Act 1936

Despite the amendments made by this Schedule, paragraph 202EA(5)(c) and subparagraph 202EB(5)(a)(iii) of the Income Tax Assessment Act 1936 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a person receiving wife pension under Part 2.4 of the Social Security Act 1991 before, on or after that commencement.

102  Saving provision-- Income Tax Assessment Act 1997

Despite the amendments made by this Schedule, items 34.1 to 34.4 of the table in section 52-10 and sections 52-15 and 52- 25 of the Income Tax Assessment Act 1997 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of wife pension under Part 2.4 of the Social Security Act 1991 before, on or after that commencement.

103  Saving provisions--definitions

(1)       Despite the amendments made by this Schedule, section 19D of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out whether a person was in severe financial hardship in relation to days before that commencement.

(2)       Despite the amendments made by this Schedule, paragraph 23(4A)(g) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out if a woman is receiving wife pension at a time before, on or after that commencement.

104  Saving provisions--qualification for payments

(1)       Despite the amendments made by this Schedule, subsection 202(6) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out if carer payment is payable to a person in respect of days occurring before that commencement.

(2)       Despite the amendments made by this Schedule, Division 10 of Part 2.13A of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for an education entry payment before, on or after that commencement.

(3)       Despite the amendments made by this Schedule, paragraph 1061PJ(2)(b) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for a pensioner education supplement before, on or after that commencement.

(4)       Despite the amendments made by this Schedule, subparagraph 1061T(1)(a)(ii) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out qualification for utilities allowance in relation to days before, on or after that commencement.

105  Saving provisions--rates of payments

(1)       Despite the amendments made by this Schedule, subsections 992X(2) and (3A) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out the amount of carer supplement at a time before, on or after that commencement.

(2)       Despite the amendments made by this Schedule, section 1061JU of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the amount of a crisis payment in relation to days before that commencement.

(3)       Despite the amendments made by this Schedule, table items 6 and 21 in Module L of the Youth Allowance Rate Calculator in section 1067G of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to:

                     (a)  working out if a person is a family member in relation to another person for the purposes of Part 2.11 of that Act and that Rate Calculator in relation to days before that commencement; or

                     (b)  working out if a person is exempt from the parental income test for the purposes of that Rate Calculator in relation to days before that commencement.

(4)       Despite the amendments made by this Schedule, paragraph 1070(a) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the rate of rent assistance in relation to wife pension for days in respect of which wife pension is payable to a person.

(5)       Despite the amendments made by this Schedule, Divisions 2 and 3 of Part 3.15A of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to wife pension payable to a person in respect of days occurring before, on or after that commencement.

106  Saving provision--concession cards

Despite the amendments made by this Schedule, section 1061ZE of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a person who ceased to be qualified for wife pension, or in respect of whom wife pension ceased to be payable, before that commencement.

107  Saving and transitional provisions--advances

(1)       If, before the commencement of this item a person had made an application under Division 2 of Part 2.22 of the Social Security Act 1991 for an advance payment of a wife pension but the application had not been decided before that commencement, then the application is taken to have been refused.

(2)       Despite the amendments made by this Schedule, Division 7 of Part 2.22 of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an advance payment, or an instalment of an advance payment, of wife pension paid before that commencement.

(3)       If, before the commencement of this item a person had made a claim for a special employment advance under Part 2.22A of the Social Security Act 1991 on the basis of being qualified for wife pension but the claim had not been decided before that commencement, then the claim is taken to have been refused.

(4)       Despite the amendments made by this Schedule, Division 7 of Part 2.22A of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a special employment advance, or an instalment of a special employment advance, paid before that commencement in respect of wife pension.

108  Saving and transitional provisions--pension loans scheme

(1)       If, before the commencement of this item a person had made a request under section 1136 of the Social Security Act 1991 in relation to wife pension but the request had not been decided before that commencement, then the request is taken to have been refused.

(2)       Despite the amendments made by this Schedule, Division 4 of Part 3.12 of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of wife pension made before, on or after that commencement.

109  Saving provisions--other Social Security Act 1991 provisions

(1)       Despite the amendments made by this Schedule, subparagraphs 1067F(1)(d)(vi) and 1067K(1)(d)(v) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out if a person is a long term income support student at a time before, on or after that commencement.

(2)       Despite the amendments made by this Schedule, Part 3.14 of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to payments of wife pension before, on or after that commencement.

(3)       Despite the amendments made by this Schedule, subparagraphs 1187(1)(a)(ii) and (2)(c)(i) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to wife pension payable to a person in respect of days occurring before, on or after that commencement.

(4)       Despite the amendments made by this Schedule, Chapter 5 of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a payment of wife pension made before, on or after that commencement.

110  Saving provisions-- Social Security (Administration) Act 1999

(1)       Despite the amendments made by this Schedule, Part 3 of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following:

                     (a)  making a payment of wife pension in respect of days for which wife pension is payable to a person;

                     (b)  a determination or requirement made under that Part before that commencement, or the making of a determination or requirement under that Part on or after that commencement, in relation to wife pension.

(2)       Despite the amendments made by this Schedule, Parts 3B and 3D of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of wife pension, or of a social security bereavement payment in relation to wife pension, made before, on or after that commencement.

(3)       Despite the amendments made by this Schedule, Parts 4 and 4A of the Social Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a decision under the social security law, in relation to wife pension, made before, on or after that commencement.

111  Saving provisions-- Veterans' Entitlements Act 1986

(1)       Despite the amendments made by this Schedule, section 45N of the Veterans' Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a person in receipt of wife pension under Part 2.4 of the Social Security Act 1991 before, on or after that commencement.

(2)       Despite the amendments made by this Schedule, sections 118ND and 118NE of the Veterans' Entitlements Act 1986 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to working out the rate of wife pension in respect of days occurring before, on or after that commencement.

(3)       Despite the amendments made by this Schedule, clause 30 of Schedule 5 to the Veterans' Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to working out the rate of service pension or income support supplement in respect of days occurring before that commencement.



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